Controversial RJD leader Shahabuddin was back in prison 20 days after
his release, as the Supreme Court of India(SCI)on Friday Sep 30,2016 set aside the Patna High
Court order granting him bail in a murder case saying the discretion to
release must be applied in “judicious manner” and “not as a matter of
course”.
“The order passed by the High Court granting bail to the
respondent-accused (Shahabuddin) is set aside and the state is directed
to take all consequential steps, inter alia, for taking him to custody
forthwith,” a Bench comprising Justices PC Ghose and Amitava Roy said.
The Bench, which clarified that it was not expressing any opinion on the
merits of the case pending against the RJD leader, asked the Bihar
government and the concerned court to take “all steps as contemplated in
law to dispose of the case, as early as possible”.
Referring to various judgements on bail, it said, “Judged on entire
conspectus of the attendant facts and circumstances, and considering the
stage of the present case before the trial court where charge-sheet has
already been submitted, together with pending proceedings against the
respondent-accused as on date, and his recorded antecedents in the
various decisions of this court, we are thus unable to sustain the
impugned order of the High Court granting bail to him.”
In its 10-page order, the apex court dealt with various aspects of the
submissions and said, “Although it has to be accepted that the
respondent-accused has already been granted bail by the concerned courts
in other cases, a duty is cast upon the court in addressing such a
prayer in a case on its own merit, and while applying its discretion, it
must be applied in a judicious manner and not as a matter of course.”
Shahabuddin was granted bail by the Patna High Court on September 7 in
the Rajiv Roshan murder case and was released from Bhagalpur jail on
September 10. He has already remained in jail for 11 years in connection
with several cases.
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